Our thanks to Ted Arisaka of Save Georgia’s Anchorages for calling our attention to this article on anchoring restrictions in Georgia, a topic that dominated cruisers’ news in the fall. Enter “anchoring” in our Search Window for related discussions.
Anchorage Problems in Georgia
Charles J Doane, April 20, 2020
Sail Magazine
The Report Card is an important tool for planning restoration activities and conservation.
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Cruisers Net joins Ted Arisaka of Save Georgia’s Anchorages in thanking you for your support of their efforts to correct the restrictions on anchorages in recent legislation. Keep your fingers crossed!
Your emails imploring Georgia legislators to support Rep Stephens HB833 have been successful. Today March 10, 2020, HB833 was voted on favorably in The Rules Committee and will proceed forward to the full House floor for vote Thursday.
Following an anticipated favorable disposition in The House, it will go to The Senate on legislative day 28, aka “Crossover Day”.
Ted Arisaka, Save Georgia’s Anchorages
Trade Only Today of Soundings joins the fray to highlight the very restrictive legislation recently enacted in Georgia. See Georgia Anchoring Advocacy Fund.
Don’t Drop Anchor in Georgia
Fighting the good fight for boating and boaters never ends.
BoatUS is leading a push against a new Georgia regulation restricting overnight anchoring within 1,000 feet of any structure, such as public and private docks, wharves, bridges, piers and pilings, except in areas near a marina.
How did boaters get hammered this way? There was little notice or engagement with recreational boating groups by the Georgia legislature in approving House Bill 201. It was then quietly signed by Gov. Brian Kemp.
The legislation directed the Georgia Department of Natural Resources to develop rules regarding the anchoring of vessels in estuarine areas of the state. DNR proposed a rule that has rightfully raised serious concerns in the boating community.
“This 1,000-foot offset needlessly eliminates anchorages all over the state,” says Chris Edmonston, vice president of government affairs for BoatUS. “It will affect numerous boaters, many of whom transit Georgia waters as part of the annual migration along the Intracoastal Waterway. There is no reasonable safety or waterway-management reason for taking such a significant swath of state waters away from the boating public.
“Boating and fishing,” Edmonston adds, “are the second largest outdoor recreational activity in Georgia, bringing in more than $500 million a year in economic activity. Eliminating scores of anchorages will put a severe damper on this very important economic driver to many coastal areas that gain from boater spending.”
He went on to acknowledge the so-called “Marina Zones” that will allow boaters to anchor as close as 300 feet to marinas or facilities that provide fuel, dinghy access, provisions, vessel maintenance or other services. But that won’t reduce the negative economic impact of this poorly crafted legislation and resulting rules.
Perhaps the most persuasive argument is the BoatUS position that the final rule runs counter to the Public Trust Doctrine as codified in Georgia law. It states:
“The State of Georgia, as sovereign, is trustee of the rights of the people of the state to use and enjoy all tidewaters which are capable of use for fishing, passage, navigation, commerce and transportation, pursuant to the common law public trust doctrine.”
BoatUS submits that anchoring is an integral part of navigation.
Georgia dealers, employees and boaters should join the efforts of the grassroots group Save Georgia’s Anchorages, which was created in response to the law.
BY NORM SCHULTZ
As poorly as Georgia maintains the ICW, this is just one more reason to bypass the state when traveling north/south. It's a shame as I have always loved anchoring in the marshes of Glynn, visiting Savannah, etc.
Instead, I will take my tourist dollars elsewhere. That will also impact marinas such as Thunderbolt, Isle of Hope, etc.
Too bad they are so short-sighted, all to coddle some wealthy interests.
"As poorly as GA maintains the ICW." Could you be a little more specific?
James Newsome…Areas like “Hells Gate” mm 600 , or “ The Little Mud River” to name a couple.
BoatUS is always supportive but certainly did not "lead" this effort.
To contribute to securing lobbying efforts on behalf of boaters, please open the link below. Cruisers Net joins America’s Great Loop Cruisers’ Association in urging you to get involved to repeal Georgia’s restrictive anchoring legislation.
Georgia Anchoring Advocacy Fund
To make a contribution, please visit www.greatloop.org/georgia.
Thanks!
-Kim
Kim Russo
Director
America’s Great Loop Cruisers’ Association
Our thanks to James H. Newsome for sharing this report on the work that Save Georgia’s Anchorages is doing on boaters’ behalf. See New Boating Laws. Cruisers Net urges you to contribute to the lobbying efforts of SAGA at the AGLCA link below.
IMPORTANT UPDATE ON GA ANCHORING ISSUE
February 25, 2020
Thanks to all who have supported our effort to establish the Georgia Anchoring Advocacy fund to retain Scott Draper, a professional lobbyist. We have reached 63% of our funding goal in a matter of days with your help. In less than a week Scott has come up to speed with the issues we have identified in HB201, Georgia’s anchoring law that took effect January 1st, 2020. He was able to broker a conference call with GA DNR Commissioner Mark Williams, his team and our anchoring coalition which we just conducted today, Feb 25, 2020.
Over the course of almost two hours, we had open dialogue on the problems DNR was trying to address with HB201 as well as some of the issues the cruising community had with its incarnation as law. All parties felt the call was productive and there is agreement in principle to refine Rep. Ron Stephens’ HB833 to best achieve our mutual objectives and to push the legislation through the current session in the next few weeks. HB833, if it passes, is expected to replace most parts of HB201.
We are not out of the woods yet, but Georgia policymakers appear to now be responsive to changing some of the most questionable facets of the laws passed last year, including restrictions for where vessels may anchor, the identity of cruising and transient vessels. Commissioner Williams is not willing to rescind the Administrative Order signed on December 30, 2019 that prevents boats from anchoring within 1,000 feet of structures throughout the coastal region of the state, until a legislative fix, HB833, is passed by the General Assembly.
We are optimistic about today’s progress and look forward to working with Commissioner Williams, with his support, on HB833. Your support is needed now more than ever to assist in the funding of lobbying efforts that have helped us achieve some degree of success in having Georgia DNR and lawmakers hear our collective voice. Our fight continues in the legislature in the days ahead.
Please join nearly 100 other boaters from across the country and around the world who have supported this effort. Contribute at www.greatloop.org/Georgia
James H Newsome
This staff report is on the FWC February agenda and includes details outlining restrictions on anchoring in Florida waters. These setback distances are pertinent in light of Georgia’s recent extreme setbacks.
MEMORANDUM
To: Florida Fish and Wildlife Conservation Commissioners
From: Colonel Curtis Brown, Director, Division of Law Enforcement
Date: February 20, 2020
Subject: Staff Report – Anchoring and Mooring Pilot Program/Derelict Vessel Report
Purpose:
Provide a report on the results of the 2009 Anchoring and Mooring Pilot Program and the status of the
Derelict Vessel removal efforts.
Why:
How vessels are stowed, parked, and moored in Florida waters is a topic of great public interest across
Florida and staff want to ensure Commissioners are kept apprised of current activities in this area and the
most recent information on Derelict Vessel removal efforts.
Top Points:
1. The 2009 Anchoring and Mooring Pilot program resulted in the capture of best practices in order to
recommend statewide changes to address issues legislatively.
2. Legislation was passed in 2017 as a direct result of a 242-page report sent to the Florida Legislature
and the Governor in January of 2017.
3. The status of FWC Derelict Vessel removal efforts is good, with the Grant Program receiving a
marked increase in participation after FWC grant rule changes went into effect on November 29, 2019.
Affected Parties:
The general boating public, local residents and waterfront property owners and many county and municipal
government partners responsible for derelict vessel removals within their jurisdiction
Summary:
The Anchoring and Mooring Pilot Program began as an effort to address growing conflicts between the
enjoyment of Florida’s waterways and the activities of anchoring and mooring upon state waters. This effort
began in 2006 when stakeholder concerns were brought to the Commission. Staff sought the advice of the
Florida Boating Advisory Council (BAC) in April 2007. The BAC suggested that the Commission seek
clarification from the Florida Legislature on the appropriate roles of local and state authority to regulate
vessels.
At the June 2007 Commission meeting, staff was directed move forward with requesting clarification from
the Florida Legislature as recommended by the BAC. Public input on anchoring and mooring issues was
collected through 6 public meetings throughout the state attended by 273 stakeholders and a number of
common concerns were identified. Further stakeholder engagement with over 700 additional stakeholders,
resulted in a final recommendation which was approved by the Commission at their December 2008
meeting. This recommendation was submitted to the Legislature during the 2009 Legislative session and as
a result s.327.4105, Florida Statutes (F.S.) was enacted establishing authority to conduct an Anchoring and
Mooring Pilot Program.
FWC was required to submit a report on the pilot program findings and recommendations to the Governor,
the President of the Senate, and the Speaker of the House of Representatives by January 1, 2014. The pilot
program and all ordinances adopted under the program would have expired on July 1, 2014; however, it was
reenacted and extended by the Legislature with a new expiration date of July 1, 2017, and a requirement for
an updated report to be submitted by January 1, 2017. The 2017 legislative session produced s. 327.4109
F.S., which regulated anchoring or mooring by:
• Establishing a 150-foot setback for anchoring around marinas, boat ramps, boat yards and other
vessel launching or loading facilities;
• Establishing a 300-foot setback from anchoring around any superyacht repair facility;
• Establishing a 100-foot setback from anchoring around the outward boundary of a marked public
mooring field. Anchoring within a public mooring field was prohibited outside of the established
exemptions within the statute.
• Prohibited tying to an unpermitted object attached to the water bottom (to prevent the proliferation
of unpermitted moorings statewide).
• Making all of these new violations noncriminal infractions punishable for a first offense, up to a
maximum of $50, for a second offense, up to a maximum of $100, and for a third or subsequent
offense, up to a maximum of $250, and included them in the list of mailable citations.
In addition, other legislative changes included the addition of the effective means of propulsion for safe
navigation test as a way to reduce the change of a vessel becoming derelict and increasing the penalty
section for expiration of vessel registration to require a mandatory court appearance and a $500 fine for
second and subsequent violations after 6 months. Local governments were also given authority to
implement a proof of pumpout ordinance for vessels at anchor in a public mooring field for a period of 10
consecutive days of more. This provision was contingent upon the availability of pumpout facilities within
the jurisdiction establishing the program. Finally, changes were made to the derelict vessel statute to allow
for actual notification of a derelict vessel in person as opposed to notification by certified mail and the
ability to freeze the title of a derelict vessel to prevent the sale of the vessel while in a derelict condition.
The update on Derelict Vessels will include an overview of the Grant program including the number of
Grant applications received, executed contracts, vessels scheduled to be removed and the amount of funding
obligated for removal.
Staff Recommendation:
No action is requested at this time, but input from Commissioners is welcomed.
Staff Contact and/or Presenter:
Major Robert Rowe, Section Leader, Division of Law Enforcement, Boating and Waterways Section
Our thanks to James Newsome and Ted Arisaka for sharing their mathematical musings on prohibited anchoring acreage contained in Georgia HB 201.
So my friend James Newsome (co founder of Facebook Group “Save Georgia’s Anchorages” https://www.facebook.com/groups/SaveGeorgiasAnchorages/ ) and I were ruminating about the impact of a single structure of a waterfront property owner now taking exclusive control of a huge swath of waterway and prohibiting anchoring.
We believe the structure now causes unreasonable obstruction to navigation and have started discussions with US Army Corps of Engineers as they have a role in administering the permitting process for these waterfront structures under PGP0083 – but that’s a topic for another day.
A semi circle defined by a radius of 1000ft off a waterfront property owner’s structure is 36 acres.
So how can we picture one acre? A football field is approximately 1.32 acres.
(Ref: https://www.stack.com/a/how-many-acres-is-a-football-field)
So 36 Acres / 1.32 Acres per football field = 27.3 football fields!
I’ve heard about unsportsman like conduct when one kid takes the bat and ball and goes home and ends the game for everyone. Looks like this time the one kid is taking the bat the ball and 27 football fields away to end the game for everyone.
For those of you interested in the math:
A semi circle with a 1000ft radius from a structure is equivalent to 36 acres.
Area of a circle = p r2 so 3.14 * (1000ft)2 = 3,140,000 square feet
1 acre = 43560 square feet
So the area of that semi circle = 3,140,000 sq ft / 43560 sq ft per acre / 2 = 36.0 Acres
A football field is approximately 1.32 acres.
(Ref: https://www.stack.com/a/how-many-acres-is-a-football-field)
36 Acres / 1.32 Acres per football field = 27.3 football fields
BoatUS has taken up the cause of boaters urging the repeal of an extremely restrictive anchoring law recently enacted by the Georgia legislature. See Save Georgia’s Anchorages.
BoatUS Calls On Georgia Governor to Fix
Draconian Anchoring Law: Asks Boaters to Speak Up Now
Legislation greatly restricts the right to anchor
ATLANTA, Feb. 6, 2020 – In a letter sent recently to Georgia Governor Brian Kemp, Boat Owners Association of The United States (BoatUS) urges the governor to reconsider regulations recently put in place restricting overnight anchoring within 1,000 feet of any structure, such as public and private docks, wharves, bridges, piers and pilings, except in areas near marinas. The national advocacy, services and safety group also asks recreational boaters to send a message now to the state of Georgia regarding the new prohibitive anchoring law.
With 16,000 BoatUS members in the state, BoatUS Vice President of Government Affairs Chris Edmonston says in the letter that the new rule effectively removes from public use a significant portion of the state’s waters, representing a departure from the long-held public trust doctrine.
With little notice or engagement with boating stakeholder groups, the Georgia Legislature approved, and the governor signed, House Bill 201 in the 2019 session. This legislation directs the Georgia Department of Natural Resources (DNR) to develop rules regarding the anchoring of vessels in estuarine areas of the state. Georgia DNR then proposed a rule that raised significant concerns with the boating community, including BoatUS and the grassroots group Save Georgia’s Anchorages, which was created in response to the draconian law.
Said Edmonston, “This 1,000-foot offset needlessly eliminates anchorages all over the state. It will affect numerous boaters, many of whom transit Georgia waters as part of the annual migration along the Intracoastal Waterway. There is no reasonable safety or waterway-management reason for taking such a significant swath of state waters from the boating public. Boating and fishing are the second largest outdoor recreational activity in Georgia, bringing in well over $500 million a year in economic activity. Eliminating scores of anchorages will put a severe damper on this very important economic driver to many coastal areas that gain from boater spending.”
Edmonston notes DNR did create so-called “Marina Zones” that allow boaters to anchor as close as 300 feet to marinas or facilities that provide fuel, dinghy access, provisions, vessel maintenance or other services, regardless of whether other structures exist nearby. “This can only lead to the conclusion that the reason for the greater offset from privately owned structures outside these zones was to provide waterfront landowners with near exclusive use and enjoyment of our shared waterways,” said Edmonston.
BoatUS believes the final rule runs counter to the public trust doctrine as codified in Georgia Code § 52-1-2 (2015) which states: “The State of Georgia, as sovereign, is trustee of the rights of the people of the state to use and enjoy all tidewaters which are capable of use for fishing, passage, navigation, commerce, and transportation, pursuant to the common law public trust doctrine.” BoatUS notes the anchoring of vessels is an integral part of navigation.
2/12/20 Boating groups blast new anchoring rules as too restrictive
Savannah Morning News
Boats at anchor in Georgia under fire. Great photo by Craig Rowdon, member of FB Group "Save Georgia's Anchorages" who has allowed multiple media outlets to use his photo.
Thank you, Roger, for this excellent letter and for your decision to address each legislator – a very good idea. Cruisers Net joins Roger and others in encouraging you to write to the Georgia legislature protesting HB 201 and urging the passage of HB 833. Roger Long is a lifelong cruiser and frequent contributor to Cruisers Net.
Larry,
It was a lot of cut and pasting work but I addressed each GA house member individually. I think having just one name in the “To” line instead of a hidden list or long string of email addresses gets more attention. I already received a reply, on the same day, from one legislator who said he would go and talk to the sponsors of HB 833.
Roger
Subject: Protect Georgia Water Quality – Support HB 833
I am a former Harbormaster in Maine, responsible for managing anchoring and mooring as a member of the police department in my home town. I am a twice yearly visitor to Georgia as we cruise through on our boat and have observed boating practices and harbor management in the majority of ports between Halifax, NS and southern Florida. I have also served on the boards of two water quality environmental organizations of which I was a founding member.
I have followed with horror the anchoring imbroglio your state has created not only as unnecessary infringement of boater’s rights but as being counterproductive to both resource protection and navigation issues I used to deal with professionally. The only positive effect of the current law will be to please waterfront property owners. This will come at the cost of economic damage to Georgia marine business. The effects on water quality in the state will actually be detrimental for reasons too long to go into here. I would be glad to explain my reasoning on this if contacted.
HB 833 will correct this situation and help alleviate the economic and environmental damage that last year’s bill will create. urge you to support and vote for HB 833.
Roger Long
M/V “Gypsy Star”
Hi Roger, My name is Scott Draper. I will be working at the Georgia Legislature in support of HB833. I am interested in which elected officials you heard back from, and their response. Thanks, Scott
Once again by sharing his research, Ted Arisaka continues to be very active through FB Save Georgia’s Anchorages in seeking to repeal Georgia HB 201 which restricts anchoring in Georgia’s coastal waters. See Open Letter.
I had seen some posts, most notably by FB “Save Georgia’s Anchorages” group member Bill Ballard (thank you Bill), questioning the seeming conflict between Federal and State designations for the area on Skidaway River around the Isle of Hope as well as on the Frederica River just south of Morningstar Marina Golden Isles.
I was able to load the GA DNR KMZ Files (w/their opacity down to 50%) on top of NOAA RNC maps onto Google Earth Pro (further information in the Addendum).
The anchorage ground known as “110.179 Skidaway River, Isle of Hope, Ga.” can be found in the CFR Title 33 – Navigation and Navigable Waters, Chapter 1 – Coast Guard, Dept of Homeland Security, Subchapter I – Anchorages, Part 110 – Anchorage Regulations, Subpart B – Anchorage Grounds, Section 110.179 – Skidaway River, Isle of Hope Ga.
(Ref: https://www.govinfo.gov/content/pkg/CFR-2012-title33-vol1/pdf/CFR-2012-title33-vol1-sec110-179.pdf)
In layman’s terms, it defines the anchorage area, sets a 50ft setback off wharves and MLW Line, cannot impede navigation, limits LOA to 65’ and sets a speed limit of 5 mph. It is designated as a “Special Anchorage Area” and in Part 109 – Special Anchorage Areas, stipulates vessels < 65ft do not need to display an anchor light.
You can see how the red GA DNR “300ft Marina Buffer” no anchoring zones overlap with the federally designated anchorage 110.179 as indicated on the NOAA RNC Chart.
Figure 1 Google Earth with NOAA and GA DNR Zones Isle of Hope
The anchorage known as “St. Simons Island, Georgia” can be found in the CFR Title 33 – Navigation and Navigable Waters, Chapter 1 – Coast Guard, Dept of Homeland Security, Subchapter I – Anchorages, Part 110 – Anchorage Regulations, Subpart B – Anchorage Grounds, Section 110.72b – St. Simons Island, Georgia.
(Ref: https://www.govinfo.gov/content/pkg/CFR-2012-title33-vol1/pdf/CFR-2012-title33-vol1-sec110-72b.pdf)
Again in this case you can see how the red GA DNR “300ft Marina Buffer” no anchoring zones overlap with the federally designated anchorage 110.72b as indicated on the NOAA RNC Chart.
Both red zones currently encroach upon the federal anchorages and cause confusion for the vessel operator and law enforcement as to which laws prevail.
I corresponded jointly with Georgia DNR Coastal Resource Division and NOAA Office of Coast Survey and I am happy to report that I received clarification yesterday (2/7/20) on this matter with the following statement from GA DNR CRD:
“Hello Mr. Arisaka,
The USCG designated Special Anchorage Areas (as you’ve identified adjacent to Isle of Hope Marina in Chatham County and Morningstar Golden Isles Marina in Glyn County) prevail over state designated anchorage areas.
Thank You,
(name redacted)”
I made a followup inquiry as to how this would be updated on the GA DNR Website depicting these zones (especially now that they have switched the base map to the NOAA RNC charts) and await their response.
I’d like to thank our state and federal agencies for working together to bring clarity to this one aspect of the new Georgia anchoring regulations.
To access NOAA resources to overlay RNC charts onto Google Earth visit this site:
For a great tutorial on how to do this on YouTube by David Burch of Starpath Navigation visit:
To download the Georgia DNR Zones in KMZ Format:
https://coastalgadnr.org/Liveaboards
Absolutely well done research and presentation.
With Ted’s permission every cruiser who has ever and would like to continue to anchor while going through Georgia, should sent this to all Georgia legislators and governor. Well done Ted. I salute you !
Thank you for the kind words and the ongoing support.
Hillel is attributed for the saying "If I am not for myself, who is for me? But if I am for my own self [only], what am I? And if not now, when?" This is every boaters fight!
Here is the contact information for our representatives who are either sponsoring HB833 or on the committee that will be voting on it. (This contact information is all publicly available, I am just facilitating the process of sending the email.)
timothy.barr@house.ga.gov debra.bazemore@house.ga.gov debbie.buckner@house.ga.gov michael.caldwell@house.ga.gov john.corbett@house.ga.gov robert.dickey@house.ga.gov karla.drenner@house.ga.gov terry.england@house.ga.gov pat.gardner@house.ga.gov sheri.gilligan@house.ga.gov michele.henson@house.ga.gov don.hogan@house.ga.gov angelika.kausche@house.ga.gov tom.mccall@house.ga.gov greg.morris@house.ga.gov randy.nix@house.ga.gov mary.robichaux@house.ga.gov lynn.smith@house.ga.gov vance.smith@house.ga.gov ron.stephens@house.ga.gov jan.tankersley@house.ga.gov kevin.tanner@house.ga.gov mable.thomas@house.ga.gov sam.watson@house.ga.gov maryfrances.williams@house.ga.gov noel.williams@house.ga.gov
Cruisers Net joins Kim Russo and AGLCA in urging you to contact legislators asking for a repeal of HB 201 and for their support of HB 833.
It’s time to send more emails, please!
As we’ve reported Gold Looper and Georgia State Representative, Ron Stephens, has filed a bill (HB 833) to eliminate the problems with the state’s new anchoring regulations. HB 833 (attached) would, among other things, take away power afforded to DNR during the 2019 legislative session to determine where boaters can anchor. On January 1st, rules took effect that prohibit anchoring within 1,000-feet of structures such as public and private docks, wharves, bridges, piers and pilings. HB 833, if it becomes law, lowers that distance to 150-feet.
(See this BoatU.S. press release for a good summary of the issue.)
HB 833 will be heard soon before the Georgia House of Representatives Natural Resources and Environment Committee. We need as many boaters as possible to email the members of this committee. Following is a list of those committee members and their email addresses, as well as a sample email you may customize for your use:
House Natural Resources and Environment Committee
Lynn Smith, Chairman- Lynn.Smith@house.ga.gov
Vance Smith, Vice Chairman- Vance.Smith@house.ga.gov
Don Hogan, Secretary- Don.Hogan@house.ga.gov
Timothy Barr, Member- Timothy.Barr@house.ga.gov
Debra Bazemore, Member- Debra.Bazemore@house.ga.gov
Debbie Buckner, Member- Debbie.Buckner@house.ga.gov
Joe Campbell, Member- Joe.Campbell@house.ga.gov
John Corbett, Member- John.Corbett@house.ga.gov
Robert Dickey, Member- Robert.Dickey@house.ga.gov
Karla Drenner, Member- Karla.Drenner@house.ga.gov
Terry England, Member- Terry.England@house.ga.gov
Pat Gardner, Member- Pat.Gardner@house.ga.gov
Sheri Gilligan, Member- Sheri.Gilligan@house.ga.gov
Angelika Kausche, Member- Angelika.Kausche@house.ga.gov
Tom McCall, Member- Tom.McCall@house.ga.gov
Greg Morris, Member- Greg.Morris@house.ga.gov
Randy Nix, Member- Randy.Nix@house.ga.gov
Richard H. Smith, Member- Richard.Smith@house.ga.gov
Jan Tankersley, Member- Jan.Tankersley@house.ga.gov
Kevin Tanner, Member- Kevin.Tanner@house.ga.gov
“Able” Mable Thomas, Member- Mable.Thomas@house.ga.gov
Sam Watson, Member- Sam.Watson@house.ga.gov
Mary Frances Williams, Member- MaryFrances.Williams@house.ga.
Noel Williams, Jr., Member- Noel.Williams@house.ga.gov
Sample Email for you to customize:
I urge you to support Georgia House Bill 833, which corrects the unintended consequences of Georgia House Bill 201 passed in 2019. HB 201’s implementation rules issued by the Department of Natural Resources restrict overnight anchoring within 1,000 feet of any structure, such as public and private docks, wharves, bridges, piers and pilings, except in areas near marinas. This is an egregious infringement on my ability to enjoy Georgia’s waterways and a failure to honor the public trust doctrine. Further, there is no reasonable safety or waterway-management reason for taking such a significant swath of state waters from the boating public.
Please support HB 833 and work with all stakeholders to protect the public’s right to free navigation.
In addition, HB 833 needs a companion bill in the Senate. Please email the Georgia Senators that represent the coastal districts and urge them to file a companion bill. Following is a list those Senators and their email addresses, as well as a sample email you may customize for your use:
Senator Ben Watson, District 1, ben.watson@senate.ga.gov
Senator William T. Ligon, Jr., District 3, william.ligon@senate.ga.gov
Sample Email for you to Customize:
I urge you to file a Senate companion bill to Georgia House Bill 833, which corrects the unintended consequences of Georgia House Bill 201 passed in 2019. HB 201’s implementation rules issued by the Department of Natural Resources restrict overnight anchoring within 1,000-feet of any structure, such as public and private docks, wharves, bridges, piers and pilings, except in areas near marinas. This is an egregious infringement on my ability to enjoy Georgia’s waterways and a failure to honor the public trust doctrine. Further, there is no reasonable safety or waterway-management reason for taking such a significant swath of state waters from the boating public.
Please support HB 833 by filing a companion bill in the Senate, and work with all stakeholders to protect the public’s right to free navigation.
Thank you all for your help. If you’re near Atlanta, or can get there for a hearing, please watch this forum thread. We’ll be posting soon about when the House Natural Resources and Environment Committee with hear this bill!
-Kim
Kim Russo
Director
America’s Great Loop Cruisers’ Association
Ted Arisaka has been very active through Save Georgia’s Anchorages in seeking to repeal Georgia HB 201 which restricts anchoring in Georgia’s coastal waters. See Commentary on GA HB201.
I am also a waterfront property owner. I enjoy seeing the boats passing or anchoring where we can admire them from our home. I expect that they do so respectfully and if there were to be a problem boater I think it would be sensible to deal with that on a case by case basis with laws that already exist.
I don’t think the teacher did a good job this time in deciding which kid to punish. Maybe the teacher already knew which kid was going to be punished before this all started?
Image Source: “Scales of Justice” by Government of Prince Edward Island is licensed under CC BY-NC-ND 2.0
This is a copy of the letter Jim Healy sent to Georgia legislators concerning the very restrictive anchoring regulations recently passed and enacted. See Call to Action.
Dear Georgia Legislators:
My wife and I have lived full time on our boat for 16 years. We winter in the US Southeast (Georgia, Florida) and summer in the Northeast (Chesapeake Bay, Long Island Sound, New York Canal System, New England). Twice annually we transit Georgia’s magnificent coastal estuarine waters. We thoroughly enjoy anchoring in the peace and quiet of remote Georgia coastal venues. We also stop at many Georgia marinas (Savannah, Thunderbolt, Isle-of-Hope, Skidaway Island, Richmond Hill, Darien, Brunswick) to wait out weather and take advantage of local restaurant and provisioning services. We work hard to comply with all US and Georgia navigation and maritime laws, and we comply with the provisions of the US Clean Waters Act of 1972. We do NOT discharge waste in any waters, at any time, anywhere.
I am writing to request that you support Georgia HB833 on behalf of all Georgians and all Americans. We believe HB833 corrects several serious flaws with its predecessor legislation, HB201, as adopted by the legislature in 2019. If HB201 is not corrected, we will simply not be able to enjoy the beauty of Georgia’s coastal waters as we have previously. Following are the flaws we find with HB201:
1. Georgia estuarine waters overlie Public Trust lands. HB201 has the effect of an “administrative taking” of Public Trust lands; in as much, it disregards and disrespects the Public Trust Doctrine that the Georgia legislature is responsible to protect in the interest of all Georgians and all Americans. This effectively denies the right of navigation and anchorage to all boaters who make every effort to comply with maritime law and regulation.
2. The regulations adopted by Georgia DNR establish a 1000 foot setback from public and private shore-side structures. That setback is grossly excessive and unnecessary. A 1000 foot setback effectively closes many weather-safe anchorages, many located in creeks that are only 500 feet wide from shore to shore. That excessive setback has the effect of transferring control and ownership rights of littoral, submerged, Public Trust lands to wealthy waterfront landowners who have no such rights in law over Public Trust lands. The way the Georgia DNR regulations are written, proliferation of shore-side structures would have the effect of taking proportionally more and more Public Trust lands out of public access and use.
3. There is no demonstrable EVIDENCE of actual violations of the US Clean Waters Act by cruising boats anchored in Georgia’s estuarine waters. Unproved accusation, speculation and innuendo to the contrary by those with personal-interest motives does not justify the taking of these Public Trust lands from public access and use. Publicly available evidence is that under-designed municipal water treatment facilities, poor agricultural practice and failed private septic systems create vastly more fecal coliform pollution than cruising boats could produce even if they all violated existing US law.
4. It is not reasonable to deny anchoring rights to many hundreds of users that are entirely in compliance with US and Georgia navigation and sanitation laws simply because there might be an occasional violator.
5. Enforcement of these excessive DNR regulations is a significant law enforcement staffing and budgetary burden which will lead to spotty, unequal and discriminatory enforcement .
In all of the above areas, legislative controls and agency regulations must target actual violators. I strongly urge that you support the proposed HB833.
Very respectfully,
James B. Healy
Peg and Jim Healy, living aboard Sanctuary
Monk 36 Hull #132
With this Call to Action, BoatUS has taken up the cause of boaters urging the repeal of an extremely restrictive anchoring law recently enacted by the Georgia legislature. See Save Georgia’s Anchorages.
February 6, 2020
Dear BoatU.S. Members:
We need your help to send a message to the state of Georgia regarding a new anchoring regulation that places a significant restriction on your freedom to enjoy the state’s waters. Under a new rule, boats cannot anchor overnight within 1,000 feet of any shore side structure. This rule eliminates a vast portion of Georgia’s coastal waters from a traditional use, effectively taking this shared resource away from many boaters. Please email the Georgia Department of Natural Resources (DNR) requesting they repeal this onerous rule and work with the boating community to come up with commonsense anchoring regulations. Click here to send your message: Take Action
This new rule was created in response to legislation, Georgia House Bill 201, passed early last year with little notice or engagement of the boating community. This legislation directed DNR to establish anchoring regulations, establish anchorage areas and prohibited overnight anchoring of boats outside of these designated anchorages. DNR did engage in a public process to develop these rules and then finalized them on December 30th of 2019. (You can see BoatU.S. comments here.)
Specifically, the rule restricts overnight anchoring within 1,000 feet of any structure, such as public and private docks, wharves, bridges, piers and pilings, except in areas near marinas. This 1,000-foot offset needlessly eliminates anchorages all over the state. It will affect numerous boaters, many of whom transit Georgia waters as part of the annual migration along the Intracoastal Waterway (ICW) that brings in millions of dollars to Georgia businesses. There is no reasonable safety or waterway-management reason for taking such a significant swath of state waters from the boating public.
Curiously, DNR did create so-called “Marina Zones” that allow boaters to anchor as close as 300 feet to marinas or facilities that provide fuel, dinghy access, provisions, vessel maintenance or other services, regardless of whether other structures exist nearby. This can only lead to the conclusion that the reason for the greater offset from private structures outside these zones was to provide waterfront landowners with near exclusive use and enjoyment of our shared waterways
BoatU.S. recognizes the need for states to manage their waterways and supports reasonable regulations that protect the public’s access. We also firmly believe the ability to anchor overnight is an important part of how many boater choose to enjoy the water. Please send a message today asking to repeal this rule. Take Action
Contact BoatU.S. Government Affairs at GovtAffairs@BoatUS.com if you have additional questions.
Thank you for being a BoatU.S. Member!
David B. Kennedy
BoatU.S. Government Affairs
GovtAffairs@BoatUS.com
703-461-2878 x8363
Advocacy.BoatUS.com
Our thanks to Wally Moran for sharing this article from Save Georgia’s Anchorages and to James H. Newsome, Ted Arisaka and others who are working diligently to correct a bad piece of legislation. See Anchoring Restrictions.
Hello Larry – hope all is well out your way. Some news for you – a Georgia rep has brought up a new bill on anchoring, as he had promised us he would do.
It’s not everything, but it’s a big step in the right direction and most importantly, it takes the setback and codifies it, meaning the DNR can’t just change it. Still, there’s lots to do to make this happen, such as co-sponsors and a companion bill in the Senate. We’ll be looking for a big push from everyone soon to encourage letter writing and phone calls in support of these goals.
Boat US will be weighing in next week btw. Stay tuned, one of us from SGA will be sure you get the message as soon as we can.
Here’s a press release for your readers –
Some great news about Georgia’s anchoring situation – which is posted on Save Georgia’s Anchorages by James H. Newsome, who along with Jack White have done some amazing work to protect our rights to anchor. This bill will need a lot of support to get it through – we’ll be counting on our fellow boaters to make this happen.
Rep. Ron Stephens has submitted HB833 in the GA General Assembly. Rep Ron Stephens has been working with SGA and other boating stakeholders and groups to negotiate with DNR about the rules and regulations of HB201 which passed during the last session of the General Assembly.
It appears that HB833 will fix the primary issues with the previous law. In particular, setback distances will be written into law and the power to set them taken away from DNR. The definition of ‘anchoring area’ has been corrected. Also, the entire state’s waters will no longer be declared illegal to anchor in unless DNR gives permission. This is a major achievement.
It’s early in this game, but HB833 appears to have a great deal of promise. But we will need the help of every concerned boater to make it a reality, with emails and phone support. Here’s the link: http://www.legis.ga.gov/
Join us at Save Georgia’s Anchorages and learn what you can do to help protect Georgia’s anchorages for boaters, at https://www.facebook.com/
Ted Arisaka and members of Save Georgia’s Anchorages continue their campaign to remove the restrictive measures included in House Bill 201. Type HB 201 or Save Georgia’s Anchorages in our Homepage Search window for more background on this restrictive legislation.
Larry:
FYI here is my letter to Gov Kemp, DNR, and Rep Don Hogan (bill sponsor) on HB 201.
I commented on 4 aspects of these regs.
Regards,
Ted
Click here for GA HB201 Commentary 2020 01 27
Our thanks to Kim Russo of America’s Great Loop Cruisers Association for this urgent plea for support of anchoring rights in Florida. And thanks to Tom Hale for his sample letter to legislators.
Cruisers Net joins AGLCA in a CALL TO ACTION. The issue of anchoring rights has been a battle with Florida’s Legislature for years. Enter “anchoring rights” in our Homepage Search Window for background on past anti-anchoring legislation in Florida and write to the officials listed below.
1/26/20
The resolution voted on at the Jacksonville Water Commission meeting has been released. It will go a long way towards fighting the bill at the state capitol that would band overnight anchoring in the Ortega River. The resolution is attached and I couldn’t have supported our position better if I wrote the resolution myself!
Another thank you goes out to the AGLCA members and the others from the boating community who attended the meeting and managed to change the minds of those on the Commission. Without them, this resolution would have been in support of the bill instead of against it!
Kim Russo
Director
America’s Great Loop Cruisers’ Association
1/16/20
An enormous thank you to all the boaters, and especially to the AGLCA members, who attended the Jacksonville Water Commission meeting today. The Commission passed a resolution by a vote of 9-1 to oppose SB 606/HB 417! This is huge, because the sponsor of SB 606 is from the Jacksonville area.
According to the accounts of the meeting I’ve received, the Commission agreed that the issue is derelict boats and will recommend in their resolution that there be effective enforcement of derelict boats rules, a budget to accomplish this, and authority for local agencies to enforce them.
The Jacksonville Water Commission’s opposition to the bills will be very helpful in fighting then in Tallahassee. We have made a difference!
Again, many thanks to those who attended, and to Daneen Reed and Ron Beckstrom for reaching out to me after the meeting!
Kim Russo
Director
America’s Great Loop Cruisers’ Association
1/13/20
We are still in need of three things from Loopers (and other boaters you know) to help curtail the assault on overnight anchoring in Florida:
1) We need boaters to email and call the members of the Senate Environmental and Natural Resources Committee before 3:00 p.m. on Monday, January 13th when the bill to eliminate overnight anchoring in several places has its first hearing. The links below lead to the members’ webpages. Each has a button to email the Senator and a phone number. Please email me to let me know if you have done this. I’d like to get a handle on how many have participated.
Senator Bill Montford (D) – Chair
Senator Ben Albritton (R) – Vice Chair
2) If we have anyone in the Tallahassee area, we are asking you to attend the committee hearing on January 13th at 3:30 p.m. It would be important to have a strong showing of support early in this process. If you can attend, please email or call so I can put you in touch with our lobbyist to coordinate our efforts.
3) We are still seeking boaters to attend the Jacksonville Water Commission meeting January 15th at 9:30 a.m. at City Hall, 117 W. Duval Street (Council Chambers). Jacksonville is the origin of the current bill, and showing our opposition at the meeting will be helpful. Please let me know if you plan to attend this meeting.
The key message to get across in all three types of contact we’re requesting is that passing SB 606 punishes all boaters by taking away their freedom to anchor because of the actions of a few who are in violation of existing laws. Laws are already in place to prevent littering, sewage discharge, and derelict vessels. Those should be enforced before new laws are passed.
Thank you for your help!
-Kim
Kim Russo
Director
America’s Great Loop Cruisers’ Association
1/11/20
As has been an unfortunate tradition the last few years, and as we expected this year, we once again need to fight off municipalities trying to add themselves to the existing carve-outs in Florida where overnight anchoring is prohibited.
The ability to regulate anchoring in Florida is reserved for the state legislature. In 2016, a bill passed carving out a few waterways in South Florida as anchoring limitation areas. These “carve outs” are listed in section 327.4108 of the Florida Statutes. Since then, each year, municipalities (through their state legislative delegation) try to file and pass a bill to add themselves to this list. This year, the first to step up to the plate is the Jacksonville area.
A bill has been filed to prohibit overnight anchoring in the Ortega River and the Cedar River in Duval County. The bill is attached and is scheduled for its first committee hearing on Monday, January 13th. We need members to email and call the members of the Senate Environmental & Natural Resources Committee in advance of that hearing to share their thoughts on this bill. The committee members are listed below. Their names are linked to their webpage, which lists their phone numbers and each has a button to email the Senator.
Senator Bill Montford (D) – Chair
Senator Ben Albritton (R) – Vice Chair
Senator Lori Berman (D)
Senator Debbie Mayfield (R)
Senator Tom A. Wright (R)
Please be respectful, professional, and succinct in sharing your thoughts. Following are a few bullet points that you may want to consider for your comments if you agree with them.
-The problem in Florida is not anchored boats, it’s abandoned and derelict vessels (ADVs)
-The are already laws and regulations on the books to deal with ADVs. The solution is enforcement, not additional laws
-Responsible boaters are being prohibited from anchoring due to the actions of the few who abandon their boats on our waterways or allow them to become derelict
-Prohibiting anchoring hurts the local economy and the waterfront businesses. Boaters will spend their money in areas where they feel welcomed.
As you may know, AGLCA is working with a coalition that includes Marine Trawler Owners’ Association (MTOA), Defever Cruisers, and Seven Seas Cruising Association (SSCA) to fight these infringements of boaters’ rights. We are still fundraising to cover this year’s costs for professional representation in Tallahassee. AGLCA’s staff spends countless hours on our advocacy efforts, but we do not use general funds to support specific issues. If you are concerned about the ability to anchor in Florida, please consider contributing.
As always, please feel free to contact me with comments or questions.
-Kim
Kim Russo
Director
America’s Great Loop Cruisers’ Association
1/12/20
Here is the letter I sent to each of the named senators and congressmen.
I am writing today to comment on Senate Bill 606 (and its companion bill, House Bill 417) which seeks to add the Ortega River and the Cedar River to anchoring limitation areas where overnight anchoring is prohibited.
My wife and I are registered voters in Clay county. We are avid boaters and full-time cruisers who spend the winter on the boat in Florida and summer in New England. We spend about 200 nights per year in marinas with an average stay of 5 nights. The rest of the year we are at anchor or on a mooring where we stay on average 48 hours. In a typical year we stay at marinas in the Ortega River one or two times, going to and from Sanford FL.
I have been actively boating since 1961. I am retired after spending my career in the marine industry designing, building and repairing boats. I have operated boatyards and marinas in Massachusetts, Maryland and Virginia. I achieved my first USCG license in 1969. I have been actively boating since 1961.
The Cedar River is so narrow that exiting FL law 327.4109 already prohibits anchoring there. A 40′ boat on 5:1 scope requires 90 feet of scope based upon the NOAA chart depth in Cedar Creek. Including the boat length, this boat swings on a radius of 130 feet. To stay 150 feet off the shore and docks requires (90+40+150=280) 280 feet from the anchor point to docks and shore. Because the boat swings around the anchor point, a total radius of 560 feet is necessary to anchor this boat in compliance with existing Florida statutes 327.4109. Cedar Creek is narrow enough that the existing Laws already prohibit anchoring, so for Cedar Creek, no new legislation is required. Cedar Creek is an issue of enforcement of existing laws.
In Ortega River, on the other hand there are places which permit anchoring under state law. As a long time, cruiser, we choose our anchorage carefully based upon the expected weather . Between the John Mathews Bridge and Doctors Lake. This is about 20 miles and at our speed will take us about 2.5 hours. We have anchored only once in the Ortega River. It was late in the day and bad weather was expected. We were very glad for the safety and protection we found in the Ortega River anchorage. The next day we had a pump out at Ortega Landing, and we were gone. The existing 150-foot set back required by FL Statutes 327.4109 law creates a more than adequate passage for other vessels to pass an anchored boat.
I do not believe that transient boats anchoring for a few days in the Ortega River create any undue hazards and I see no justification for this change. Based upon our experience on the water and in Ortega River this new anchoring restriction is not necessary and existing Florida laws cover every necessary eventuality.
Respectfully
Thomas Hale
Tom Hale
Tadhana
Helmsman 38
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Our thanks to Ted Arisaka for sharing this work that Save Georgia’s Anchorages is doing on boaters’ behalf. See New Boating Laws.
We’ve been busy today here at SGA inventorying “all” the anchorages in Georgia and assessing the impact of HB 201. Previously we published map overlays on some of the more popular anchorages, but we wanted to be more comprehensive. The task is a difficult one as GA DNR continues to add / grow no-anchor zones seemingly on a daily basis. Two good examples are the area around Savannah Yacht Club as well as the anchorage off Cumberland Island.
In summary we inventoried 124 recognized and popular anchoring locations using detailed information obtained by Garmin, the world’s largest navigation charting service, Waterway Guide, and Cruisers Net. We will continue analysis in order to evaluate the impact of HB201 and Commissioner Mark Williams Administrative Order on anchoring in Georgia.
IMPACT ON KNOWN AND POPULAR ANCHORING LOCATIONS
22 (18%) anchoring locations were negatively impacted (area reduced or increased congestion due to closed nearby anchoring locations).
51 (41%) anchoring locations are essentially eliminated.
So a total of 73 (58%)of known and popular anchoring locations are impacted or eliminated out of a total of 124!!! All the state’s coastal water are (were) open to anchoring prior to HB201 and the establishment of setbacks or restricted areas, so the full impact on anchoring in areas not designated as “known and popular anchoring locations” is immeasurable.
A spreadsheet will be in the FILES section. The 2nd sheet has hyperlinks to these anchorages on the ActiveCaptain web viewer if you’d like to see where they are. Alternatively you can copy the Lat/Long into Google Maps.
We intend to review Waterway Guide and Cruisers Net to augment our data in the coming days.
Please contact Georgia legislators and DNR officials if you feel these regulations go too far.
It’s simple. If you have enough fuel avoid GA. Don’t do business in GA or use any services in GA. Don’t go where you are not wanted. Spend money where you are wanted.
Thank you for all the work. I intend on reviewing your spreadsheet and updating my Blue Chart which will require some lengthy editing looking at this GA disaster.
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